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Terms and conditions - GFI FaxMaker Online

GFI customer agreement

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS CUSTOMER AGREEMENT ("Agreement”). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND GFI.

BY CLICKING ‘I AGREE’ OR OTHERWISE USING THE GFI FAXMAKER ONLINE SERVICE, YOU ARE CONSENTING TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THE SERVICE IMMEDIATELY. This Agreement is a legal agreement between you, and if you are located (i) in the USA, South America, Canada ‐ GFI USA Inc, or (ii) in the UK – GFI Software Ltd (England & Wales), (iii) in the DACH region – GFI Software GmbH, or (iv) elsewhere than the regions above GFI Software Sales Ltd (each individually and collectively “GFI”) and governs all use of the GFI FaxMaker Online services, which includes the services and any associated media, printed materials, and “online” or electronic documentation made available to you by GFI (collectively “Service(s)”). The applicable end user license agreement for the underlying GFI Faxmaker software shall remain in full force and effect for such software. GFI may modify the terms of this Agreement from time to time and shall post the most up to date version of this Agreement at www.gfi.com, it is your responsibility to check and stay informed of any changes. Your continued use of the Services following modification to the Services or this Agreement constitutes your consent to be bound by the modified Agreement.

1. DEFINITIONS

"Account" means the account located upon the the technical systems, hardware and all connected devices of GFI or its third party suppliers, created and maintained by you in order to access the Services.
"You/Your" means an individual or entity (including that entities’ parent or affiliated companies) to which Services are provided by and as agreed to by GFI.
"Subscription" means the non-exclusive, non-transferable right to use the Services, as ordered by you, subject to the terms of this Agreement and the full and timely payment of the Subscription Fees.
"Subscription Fees" means the fees payable hereunder to GFI for use of the Services.
“GFI FaxMaker Online Number” means the number assigned by GFI or one of our licensors to you or ported in by you for use of the Services.
“Website” means www.gfi.com

2. DESCRIPTION OF SERVICES

The Services include the GFI Faxmaker Online service and all other services described in this Agreement. This Agreement covers any updates, new releases or enhancement(s) of the Services, which GFI may, in its sole discretion, make available to you from time to time. The Services enable you to send or receive faxes over the internet from your email client, printer driver or via the Application Programming Interface (API). GFI shall make commercially reasonable efforts to provide the Services to you.

3. SUBCRIPTION FOR THE SERVICES

To access and use the Services, you must create an Account protected by a chosen username and password. You must treat such information as confidential, and not disclose it to any third party. You agree to immediately notify GFI of any unauthorized use of your Account or any other breach of security, and ensure that you exit from your Account at the end of each session. You agree to provide GFI with correct, current and complete information when registering for an Account and at all times thereafter. GFI must be promptly notified if changes to your information occur. GFI has the right to disable any Account, user identification code or password, whether chosen by you or provided by GFI, at any time, for any reason, including, if in the opinion of GFI, you have failed to comply with any provision of this Agreement. You acknowledge and agree that you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the Internet; (ii) your own access to the Internet; and (iii) payment of all telephone or other fees associated with such access. After you have created an Account you can select a Subscription for the required Services. Your Subscription begins at the time your Subscription is activated by GFI (other than on a trial basis) and thereafter continues in effect until the date of termination as set forth hereinafter.

4. FAX STORAGE

While your Account is active, GFI may store and display fax messages sent or received via your GFI Faxmaker Online Number until download is complete. You acknowledge that GFI may change its practices and/or limitations concerning the storage of fax messages at any time, including, without limitation, changing the maximum number of days that fax messages are stored and the maximum number of messages stored at any one time. You further agree that GFI has no responsibility or liability whatsoever for any failure or malfunction of the storage of fax messages.

5. SUBSCRIPTION FEES

The Services are available on a monthly or annual Subscription basis. Subscriptions are dependent on the number of pages sent or received and billed in advance. The Subscription Fees for the Services consist of an activation fee, a recurring fee such as a monthly or annual charge, and any applicable excess usage based charges. The Subscription Fees are payable as follows:

a) The activation fee and recurring monthly or annual charge are payable in advance; and
b) The excess usage based charges are payable in arrears on an agreed periodic basis.

The Subscription Fees for the Services will be as set out in the applicable pricing schedule on the Website, which GFI reserves the sole right to change from time to time.

a) Subscription Options

GFI uses a trusted third party partner to provide its online sales of the Services through the Website subject to their terms and conditions. You agree to pay all Subscription Fees for your use of the Services in accordance with the Subscription you were offered and agreed to upon purchasing the Subscription. GFI reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate. GFI may amend your Subscription, including any Subscription Fees thereto, at any time either by (a) posting Subscription Fee changes on the Website, or (b) sending information regarding the Subscription Fee changes to the email address you provided to GFI. You are responsible for regularly reviewing such Subscription Fee information. Continued use of the Services, or non-termination of your Account, after changes are either posted or emailed to you constitutes your acceptance of the Subscription Fees as modified. If you have a question regarding any Subscription Fees that have been applied to your Account, you must contact sales@gfi.com within thirty (30) days of the Subscription Fee date. Failure to do so will waive your ability to dispute such Subscription Fees. Failure to use your Account will not be deemed a basis for refusing to pay any Subscription Fees.

b) Monthly Subscriptions If you purchase a monthly Subscription you agree that any applicable Subscription Fees for sending faxes and/or receiving faxes shall be paid monthly automatically in advance via a charge to your credit card. Monthly subscriptions shall automatically renew at the end of the Subscription period and GFI will charge the then applicable Subscription Fees to the credit card associated with your Account. Any Services purchased as part of your monthly Subscription do not carry forward to the next Subscription period and are valid only from the commencement date of the Subscription Fee to the renewal date of the Subscription Fee. Any Services purchased as part of your monthly Subscription that are not used cannot be transferred to any other GFI FaxMaker Online Number under the same Account or refunded. Additional charges apply if you exceed the number of inbound or outbound fax pages included in your purchased monthly Subscription. If you exceed the allocated usage of the Services within a Subscription period, you will incur additional per fax page rates as per the GFI FaxMaker pricing schedule posted on the Website at that time. All Subscription Fees for excess usage charges will be invoiced at the end of the month and automatically charged to your credit or debit card without further authorization from you. Any excess usage is calculated on a month by month basis (not averaged over each month). It is your responsibility to monitor your own usage and/or check on the status of your Account online at the Website. You agree that for monthly Subscription Fees, GFI shall submit charges for your monthly Subscription Fees each month, without further authorization from or notice to you, until you provide prior notice (in accordance with GFI's verification procedures, as may be established by GFI from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated credit card(s). Such notice will not affect charges submitted before GFI reasonably could act on your notice. If you add GFI Faxmaker Online Numbers to an existing Account, your first payment for such additional GFI Faxmaker Online Numbers may be prorated to coincide with the annual/monthly anniversary of your first GFI Faxmaker Online Number. You agree that GFI may (at its option) accumulate Subscription Fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that GFI may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Subscription Fee charges may appear on the statement you receive from your card issuer. You may cancel your Subscription at any time by logging onto the designated customer area of the Website or sending an email to GFI. All Subscription Fees consisting of activation fees, monthly Subscription Fees and/or excess usage charges are COMPLETELY NON-REFUNDABLE whether cancelled by you or terminated for cause. As of the effective date of cancellation or termination, you shall no longer be able to access or use the Account or any Services.

c)